Figuring out your spouse wants to get divorced hurts. While your spouse may wish to file for divorce, you may disagree or be in denial about dissolving your marriage. While it is your legal right to do so, it could make life difficult for you and your spouse. Divorce is not an easy process and can become more complicated if one party decides not to participate. Ultimately, refusing to get divorced could also have negative effects on your future as well. However, in the event you would like to oppose a divorce, can you? Today, we go over if you can oppose a divorce and the impact of doing so.
What Happens if You Refuse to Get Divorced?
Unfortunately, you cannot simply refuse to get divorced and avoid the process. If your spouse files for divorce and you do not respond, your divorce will be put on hold and then become a contested divorce. If you fail to sign the divorce papers, your spouse may be awarded a default divorce.
The downside to your spouse receiving a default divorce is that you will not be able to contest anything. A judge makes determinations based on whatever factors he/she has, which, in this case, would just be information your spouse provided. If you refuse to respond to being served divorce papers, the judge will make all his/her decisions based on whatever information your spouse brings up. Thus, unless you respond and contest certain matters, your spouse will receive the divorce on their terms.
On What Grounds Can You Oppose a Divorce?
You cannot oppose a divorce just because you do not want to get divorced. However, if there is a chance you and your spouse may resolve your differences and you both want to work together to accomplish this, you can oppose the divorce. However, you must both be willing to work together to make this happen. If you are able to reconcile, then the spouse who filed for divorce might reconsider the divorce.
If you do not agree with certain terms of your divorce, then you can contest them. When you are served divorce papers you can dispute anything you do not agree with, including matters such as child custody, child support, spousal support, and property division. You will want to consult with an experienced divorce lawyer before doing so though to ensure your rights and interests are protected.
You can also file a counterclaim with your proposed divorce terms. These discussions can quickly turn contentious, so it is important to continue to navigate this time with your lawyer’s help. You do have the option of trying to work out your differences with your spouse through mediation.
Consult with an Experienced Divorce Attorney at Our Firm
It is hard to face a divorce on your own – especially if you are the one who did not instigate the divorce process. Our firm understands what you are going through and can help you navigate this emotional time. With over two decades of experience, we have successfully secured favorable divorce settlements for our clients. While it can be difficult to come to terms with the fact that your marriage is dissolving, we can help make the divorce process itself easier.
You can request a consultation by calling us today at (407) 753-4111 or contacting us online.